2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 5 - Telephone Service
Article 2 - Telephone Service
Part 4 - Emergency Telephone Number 9-1-1 System
§ 46-5-122. Definitions

As used in this part, the term:

1. "Addressing" means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government's geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the 9-1-1 data base and facilitates quicker response by public safety agencies.
2. "Authority" means the Georgia Emergency Communications Authority established pursuant to Code Section 38-3-182.

   (2.1) "Call" means any communication, message, signal, or transmission.

   (2.2) "Center" means the Georgia Public Safety Training Center.

3. Reserved.
4. "Cost recovery" means the mechanism by which service suppliers may recover the recurring and nonrecurring costs they expend on the implementation of wireless 9-1-1 services.
5. "Emergency 9-1-1 system" or "9-1-1 system" means a telephone service, computer service, wireless service, or other service which facilitates the placing of calls by persons in need of emergency services to a public safety answering point by dialing the telephone number 9-1-1 and under which calls to 9-1-1 are answered or otherwise responded to by public safety answering points established and operated by the local government subscribing to the 9-1-1 service. The term "emergency 9-1-1 system" also includes "enhanced 9-1-1 service," which means an emergency system that provides the user with emergency 9-1-1 system service and, in addition, directs 9-1-1 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features.
6. "Enhanced ZIP Code" means a United States postal ZIP Code of 9 or more digits.
7. "Exchange access facility" means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by tariffs of the telephone companies as approved by the Georgia Public Service Commission or, in the case of detariffed services, as defined in publicly available guidebooks or other publicly available service supplier publications. The term "exchange access facility" also includes Voice over Internet Protocol service suppliers and any other communication, message, signal, or information delivery system capable of initiating a 9-1-1 emergency call. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, Wide Area Telecommunications Services (WATS), Foreign Exchange (FX), or incoming only lines.
8. "FIPS" means the Federal Information Processing Standard (FIPS) 55-3 or any future enhancement.
9. "Local government" means any city, county, military base, or political subdivision of Georgia and its agencies.
10. "Mobile telecommunications service" means commercial mobile radio service, as such term is defined in 47 C.F.R. Section 20.3.
11. "9-1-1 charge" means a contribution to the local government for the 9-1-1 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, nonrecurring and recurring installation, maintenance, service, and network charges of a service supplier providing 9-1-1 service pursuant to this part, and costs associated with the hiring, training, and compensating of dispatchers employed by the local government to operate said 9-1-1 system at the public safety answering points.

    (11.1) "9-1-1 number" means the digits, address, Internet Protocol address, or other information used to access or initiate a call to a public safety answering point.

12. "Place of primary use" means the street address representative of where the customer's use of the mobile telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer.

    (12.1) "Prepaid wireless service" means any method where a telephone subscriber pays in advance for a wireless telecommunications connection:

    1. That is sold in predetermined units or dollars:
       1. The number of which declines with use in a known amount; and
       2. Which expire without an additional retail purchase of units or dollars;
    2. That is not offered in conjunction with other communications services for which the terms permit payment in arrears; and
    3. The charges for which are:
       1. Not billed to any telephone subscriber or other person; or
       2. Not provided to a telephone subscriber or other person in a monthly statement.

       Such term shall include, without limitation, calling or usage privileges included with the purchase of a wireless telephone as well as additional calling or usage privileges purchased by any means, including, without limitation, a calling card, a call, or an Internet transaction.

13. "Public agency" means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide fire-fighting, law enforcement, ambulance, medical, or other emergency services.
14. "Public safety agency" means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, emergency management dispatching, poison control, drug prevention, child abuse, spouse abuse, or other emergency services.
15. "Public safety answering point" means the public safety agency which receives incoming 9-1-1 telephone calls and dispatches appropriate public safety agencies to respond to such calls.
16. "Service supplier" means a person or entity who provides telephone service to a telephone subscriber.

    (16.1) (A) "Telephone service" means any method by which a 9-1-1 emergency call is delivered to a public safety answering point. Such term shall include local exchange access facilities or other telephone communication service, wireless service, mobile telecommunications service, computer service, Voice over Internet Protocol service, or any technology that delivers a call to a public safety answering point that is:

    1. When a service supplier provides to the same person, business, or organization the voice channel capacity to make more than one simultaneous outbound call from an exchange access facility, then each such separate outbound call voice channel capacity, regardless of technology, shall constitute a separate telephone service.
    2. When the same person, business, or organization has several wireless telephones, each wireless telecommunications connection shall constitute a separate telephone service; provided, however, that multiple wireless devices that share a single telephone number and which are generally offered for use primarily by a single individual shall constitute a single telephone service.
    3. A broadband connection used for telephone service shall not constitute a separate voice channel capacity subscription for purposes of the 9-1-1 charge.
17. "Telephone subscriber" means a person or entity to which retail telephone service, either residential or commercial, is provided.

    (17.1) "Voice over Internet Protocol service" includes any technology that permits a voice conversation through any device using a voice connection to a computer, whether through a microphone, a telephone, or other device that sends a digital signal over the Internet through a broadband connection to be converted back to the human voice at a distant terminal and that delivers a call to a public safety answering point. Voice over Internet Protocol service shall also include interconnected Voice over Internet Protocol service, which is service that enables real-time, two-way voice communications, requires a broadband connection from the user's location, requires Internet protocol compatible customer premises equipment, and allows users to receive calls that originate on the public service telephone network and to terminate calls to the public switched telephone network.

    (17.2) "Voice over Internet Protocol service supplier" means a person or entity who provides Voice over Internet Protocol service to subscribers for a fee.

18. "Wireless enhanced 9-1-1 charge" means a contribution to the local government for the following:
    1. The costs to the local government of implementing or upgrading, and maintaining, an emergency 9-1-1 system which is capable of receiving and utilizing the following information, as it relates to 9-1-1 calls made from a wireless telecommunications connection: automatic number identification, the location of the base station or cell site which receives the 9-1-1 call, and the location of the wireless telecommunications connection;
    2. Nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier to provide the information described in subparagraph (A) of this paragraph; and
    3. Other costs which may be paid with money from the Emergency Telephone System Fund, pursuant to subsection (f) of Code Section 46-5-134.
19. "Wireless service" means "commercial mobile service" as defined under Section 332(D) of the federal Telecommunications Act of 1996 (47 U.S.C. Section 157, et seq.), regulations of the Federal Communications Commission, and the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) and includes real-time, two-way interconnected voice service which is provided over networks which utilize intelligent switching capability and offer seamless handoff to customers. The term does not include one-way signaling service, data transmission service, nonlocal radio access line service, or a private telecommunications service. The term does include prepaid wireless service.
20. "Wireless service supplier" means a provider of wireless service.
21. "Wireless telecommunications connection" means any mobile station for wireless service that connects a provider of wireless service to a provider of telephone service.

Capable of contacting and has been enabled to contact a public safety answering point via a 9-1-1 system by entering or dialing the digits 9-1-1;

A telecommunications service as such term is defined in Code Section 48-8-2; and

Neither a prepaid calling service nor a prepaid wireless calling service as such terms are defined in Code Section 48-8-2.

(Ga. L. 1977, p. 1040, § 3; Ga. L. 1984, p. 22, § 46; Ga. L. 1985, p. 149, § 46; Ga. L. 1988, p. 1984, § 1; Ga. L. 1990, p. 179, § 1; Ga. L. 1991, p. 93, § 1; Ga. L. 1993, p. 1368, § 1; Ga. L. 1998, p. 1017, § 3; Ga. L. 1999, p. 873, § 1; Ga. L. 2004, p. 631, § 46; Ga. L. 2005, p. 660, § 9/HB 470; Ga. L. 2007, p. 318, § 2/HB 394; Ga. L. 2011, p. 240, § 1/HB 280; Ga. L. 2012, p. 820, § 1/HB 1049; Ga. L. 2016, p. 91, § 19/SB 416; Ga. L. 2018, p. 689, § 2-1/HB 751.)

The 2004 amendment, effective May 13, 2004, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (12).

The 2005 amendment, effective July 1, 2005, substituted "9-1-1" for "'911'" throughout this Code section; redesignated former paragraphs (1.1) and (2) as present paragraphs (2) and (3), respectively; added present paragraph (4); redesignated former paragraph (3) as present paragraph (5); added present paragraph (6); redesignated former paragraph (4) as present paragraph (7); added present paragraph (8); redesignated former paragraph (5) as present paragraph (9); added present paragraph (10); redesignated former paragraph (6) as present paragraph (11); added present paragraph (12); redesignated former paragraphs (7) through (14) as present paragraphs (13) through (21), respectively; and in present paragraph (14), substituted "emergency management dispatching" for "civil defense".

The 2007 amendment, effective July 1, 2007, added paragraphs (2.1) through (2.3), (11.1), (12.1), (16.1), (17.1), and (17.2); in paragraph (5), in the first sentence, inserted "or '9-1-1 system'", deleted "local exchange" preceding "telephone service" near the beginning of the first sentence, substituted ", computer service," for "or", inserted ", or other service", inserted "or otherwise responded to", and, in the second sentence, deleted "telephone" preceding "system that provides" near the beginning, and substituted "user" for "caller"; substituted "Code" for "code" twice in paragraph (6); added the present third sentence in paragraph (7); substituted the present provision of paragraph (16) for the former provisions which read: "'Service supplier' means a person or entity who provides local exchange telephone service or wireless service to a telephone subscriber."; substituted the present provisions of the first sentence of paragraph (17) for the former provisions which read: "'Telephone subscriber' means a person or entity to whom local exchange telephone service or wireless service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis."; added the present last sentence in paragraph (19); and deleted "local exchange" preceding "telephone service" in paragraph (21).

The 2011 amendment, effective July 1, 2011, substituted "subsection (f)" for "subsection (e)" in subparagraph (18)(C).

The 2012 amendment, effective July 1, 2012, substituted the present provisions of paragraph (12.1) for the former provisions, which read: "'Prepaid wireless service' means any method pursuant to which a customer pays a wireless service provider in advance for a wireless telecommunications connection. Such term shall include, without limitation, calling or usage privileges included with the purchase of a wireless telephone as well as additional calling or usage privileges purchased by any means, including, without limitation, a calling card, a wireless communication, or an Internet transaction."

The 2016 amendment, effective July 1, 2016, inserted "and Homeland Security" in paragraph (2).

The 2018 amendment, effective January 1, 2019, substituted the present provisions of paragraph (2) for the former provisions, which read: "'Agency' means the Georgia Emergency Management and Homeland Security Agency established pursuant to Code Section 38-3-20 unless the context clearly requires otherwise."; deleted paragraph (2.3), which read: "'Department' means the Department of Community Affairs established pursuant to Code Section 50-8-1."; substituted the present provisions of paragraph (3) for the former provisions, which read: "'Director' means the director of emergency management appointed pursuant to Code Section 38-3-20."; added "or, in the case of detariffed services, as defined in publicly available guidebooks or other publicly available service supplier publications" at the end of the second sentence of paragraph (7); substituted the present provisions of paragraph (16.1) for the former provisions, which read: "'Telephone service' means any method by which a 9-1-1 emergency call is delivered to a public safety answering point. The term 'telephone service' shall include local exchange telephone service or other telephone communication service, wireless service, prepaid wireless service, mobile telecommunications service, computer service, Voice over Internet Protocol service, or any technology that delivers or is required by law to deliver a call to a public safety answering point."; substituted the present provisions of paragraph (17) for the former provisions, which read: "'Telephone subscriber' means a person or entity to whom telephone service, either residential or commercial, is provided. When the same person, business, or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription. When the same person, business, or organization has several wireless telephones, each wireless telecommunications connection shall constitute a separate connection."; and, in paragraph (17.1), in the first sentence, substituted "includes" for "means" near the beginning, inserted "through any device" near the middle, substituted "device that" for "device, which" in the middle, and deleted "or is required by law to deliver" following "that delivers" near the end. See Editor's notes for applicability.

- Pursuant to Code Section 28-9-5, in 2007, in paragraph (7), the comma following "facility" in the third sentence was deleted.

- Ga. L. 2018, p. 689, § 2-1/HB 751 provides for the repeal of paragraph (2.3) and the repeal and reservation of paragraph (3), effective January 1, 2019.

Ga. L. 2018, p. 689, § 4-1(b)/HB 751, not codified by the General Assembly, provides that: "The provisions of this Act shall not in any manner diminish, extinguish, reduce, or affect any cause of action for audits, services, or the recovery of funds from service providers which may have existed prior to January 1, 2019. Any such cause of action is expressly preserved."

JUDICIAL DECISIONS

No waiver of defense of sovereign and official immunity.

- The General Assembly, in its enactment of the "Georgia Emergency Telephone Number '911' Service Act," § 46-5-121 et seq., has not waived defenses of sovereign and official immunity which could otherwise be asserted by the county and its employees and officers in their implementation and operation of the "911" telephone system. Hendon v. DeKalb County, 203 Ga. App. 750, 417 S.E.2d 705, cert. denied, 203 Ga. App. 906, 417 S.E.2d 705 (1992).

Cited in Bellsouth Telecoms., LLC v. Cobb County, 305 Ga. 144, 824 S.E.2d 233 (2019).